The Guild of Photographers

Terms and conditions

DEFINITIONS

"You" means the user of the Site. “The Guild”, "we", "us" and "our" means The Guild of Professional Photographers which owns www.photoguild.co.uk, and all of its associated and subsidiary companies, "Site" means the Guild of Photographers related sites on the World Wide Web located at www.photoguild.co.uk and www.perfectdaydirectory.co.uk. "Content" means the information and other material available within the Site.

GENERAL INFORMATION

By accessing this Site, you agree to these terms and conditions. If you do not agree with these terms and conditions then you are not authorised to use or access this Site.

  1. The Guild reserves the right to remove images deemed to be offensive.
  2. The Guild reserves the right to terminate membership where due cause is given to take this action. This decision will not be taken lightly, and expulsion from the Guild will be the last resort after other efforts are taken to correct any problems. The balance of fees, less £50 for administration, will be refunded.
  3. The Guild agrees to act as mediator between members and their clients if required, but takes no responsibility for the actions of either party or the outcome of any mediation.
  4. Complaints by members’ clients will be monitored and may lead to expulsion from the Guild if deemed to be detrimental to the overall image of the Guild.
  5. The Guild accepts no responsibility for the actions of its members.
  6. Any suggestions and information given to members are given in good faith. The result of following any such suggestions, whether profitable or otherwise, are the result of the members’ actions and not accountable to the Guild.

RIGHTS GRANTED/RIGHTS RESERVED

The Content is for your personal use only and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.

AVAILABILITY OF THE WEBSITE

You acknowledge that it is technically impossible to provide the Site free of faults 100% of the time and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, (without limitation), transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.

NO WARRANTY

The Site and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.

RULES OF MEMBERSHIP

  1. Membership shall be seen as a 12 month contract effective from the date of application and the fees for that 12 month period will be due at the appropriate fee determined by selected payment method at the time of joining. A new 12 month membership contract shall be deemed to have commenced on each anniversary of the joining date and will be subject to the same conditions referred to above.
  2. A member may withdraw from the ‘Guild’ by giving clear notice in writing at least 1 month prior to the anniversary of their next annual subscriptions being due. Such notice shall not be deemed to have been received unless posted and ‘signed for’ on delivery. The effective date for membership cancellation is the ‘signed for’ date. Any cancellations made less than 1 month before the renewal date shall be deemed as being effective from the end of the following years annual membership for which the subscriptions will be due unless otherwise agreed by the ‘Guild’. The withdrawing member will be liable for any unsatisfied dues or commitments towards the ‘Guild’ including full membership fees for the year in which the resignation becomes effective, unless otherwise agreed in writing.
  3. Resigning members shall forfeit all benefits and interest in the ‘Guild’ with effect from their withdrawal date, and logos or qualifications cannot be used or referred to thereafter. All members agree to abide by the Guild’s rules and Code of conduct.
  4. Every member shall at all times behave in such a manner befitting his professional status and the reputation of the ‘Guild’
  5. Every member shall exercise professionalism, care and diligence in the discharge of duties for clients and will fulfil the obligations of any contracts agreed with them, other than subject to matters outside their control.
  6. All members who have achieved ’Qualified’ status or higher must maintain Professional Indemnity and Public Liability Insurance.
  7. A member will not lay claim to any qualification or distinction that has not been properly achieved.
  8. Use of Logos – members may only use the Logos of the ‘Guild’, which they subscribe to and / or are qualified for. If using the Logo/s on a web site then a hyperlink to the relevant ‘Guild’ website(s) must be created.
  9. Photographic competitions are open to all members unless otherwise stated. The entrant acknowledges that the entered image may be utilised for promotional use by the ‘‘GUILD’. It is the responsibility of the entrant to ensure that any submitted images have all relevant consent to be utilised in these ways.
  10. Members agree to receive occasional updates via email

LIABILITY

In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.

Your statutory rights in relation to any goods or services purchased through the Site are not affected.

LINKS TO THIRD-PARTY SITES

This Site contains hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.

INTELLECTUAL PROPERTY

You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensors.

SECURITY

You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.

You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.

We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.

We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediate Site.

You must inform us of any changes to the information you supplied when registering for the Site.

PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES

We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party. Goods are offered by a third party ("Third Party Goods") where:

(i) the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or

(ii) you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.

Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.

You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.

We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

COPYRIGHT

MODIFICATION OF THESE TERMS AND CONDITIONS

We reserve the right to change these terms and conditions from time to time. By continuing to use the Site following any such change you will be deemed to have accepted such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any such change you must immediately stop using the Site.

GENERAL

These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.

Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision